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November 20, 2024
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How to Protect Your Professional License During a Complaint Investigation

How to Protect Your License During a Complaint Investigation
Photo: Unsplash.com

Protecting your professional license during a complaint investigation is important for safeguarding your career and reputation. Once a complaint is filed by a patient, client, or colleague, your professional license may be at risk. As a result, navigating the process requires careful attention and strategy. Here’s how you can take proactive steps to protect your license.

Understand the Complaint Process

Every licensing board or agency has a specific procedure about what they do on complaints. Knowing how your board decides to investigate complaints will prepare you in advance. For example, many boards will first inform you in writing of the complaint that has been made, often enumerating specifics of the alleged misconduct or violation. Once informed, act quickly, preparing a good defense of your actions.

Engage a Professional License Defense Attorney

Safeguarding your license is by engaging a specialized lawyer who knows the process of license defense. Skilled licensed defense lawyers know what to do and what not to do; they take care of licensed professionals, such as medical doctors, lawyers, teachers, real estate agents, and other regulated professions, from Bertolino LLP, among many more. Having a lawyer explain your rights about the case, know the procedure, and unnecessary actions to take can cause accidental damage to your case. An experienced defense attorney can guide you through a review of the complaint, assist in obtaining evidence, and present your case at any hearing or appeal.

Gather and Organize Supporting Documentation

It is essential to document everything done and communications made in reference to the complaint. Collection of records, such as emails, client notes, contracts, etc., assembles evidence that may work for you in your case. Your attorney will be better equipped to tell you what documentation should be most important and will likely give further recommendations, such as witness statements if it’s a case of third-party communications. Proper and adequate documentation will do much in breaking up the complaint’s argument against you and prove you have met the industry requirements.

Be Mindful of Communications with the Licensing Board

While a license is under investigation, do not contact the licensing board directly. It is tempting to “reach out,” but whatever you communicate can and does often get used in your investigation. Let your attorney lead in getting your statements to clearly, accurately, and appropriately communicate your position because responses should not be considered admissions nor contradictory of prior answers.

Maintain Professional Conduct and Compliance

You are still required to fulfill the obligations of your professional life and your compliance requirement with the regulations of your board even when you are under investigation. Other infractions that you may commit during the process of a complaint can harm your defense and your license status. Remain diligent with your professional, ethical practice, attend to high-level of clients or patients, and ensure you have a record of everything.

Prepare for a Formal Hearing if Necessary

A formal hearing can be arranged by your licensing board, and it is vital to prepare well. It is your chance, and you will be given the opportunity and time to prove your case through evidence and witnesses and respond to the allegations made against you. Your attorney will help build a strong case, proving you are professional and upholding industry standards. Proper preparation makes all the difference when presenting your case in the hearing.

Seek Emotional and Professional Support

A complaint investigation can be a very stressful process, which affects both your professional and personal well-being. People may seek advice from colleagues or mentors or professional counseling services to help them cope with emotional implications. Keeping grounded and concentrated during this time will help them make better decisions, and they will not lose their mental resilience.

Learn from the Experience

In an investigation concluded in your favor, take any findings or changes for improvements in your practice. Even unfounded complaints can give you ideas about changes you could make to facilitate better communication and documentation that might eliminate future misunderstandings. Continuous improvement shows commitment to high standards and can further enhance your reputation within your profession.

Conclusion

Navigating a complaint investigation can be challenging, but taking proactive steps to protect your professional license can be beneficial. Proper documentation, attention to your responsibilities, and guidance from an experienced attorney can help strengthen your defense. To learn more about your options, consider reaching out to the attorneys at Bertolino LLP for assistance.

Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. For advice specific to your situation, please consult with a licensed attorney. Bertolino LLP does not guarantee the outcome of any legal matter, and the content of this article is not a substitute for professional legal counsel.

 

Published by: Khy Talara

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